On a joint compromise memo filed by the parties settling a copyright infringement suit, the court decreed the compromise, ordered the handover of a key to the defendant's counsel, and closed connected applications.
Suit decreed in terms of the joint compromise memo; key handed over to defendant's counsel; connected applications closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.4 . 2015
CORAM
THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU
C.S.No.84 of 2015
and Original Application Nos.137, 138 of 2015 and Application Nos.711 and 712, 713 of 2015
Hindustan Unilever Limited, 101, Santhome High Road, Chennai-600 028
.. Plaintiff
vs
Hindustan Soap Industries, rep.by its Proprietor, Siddiq Ahmed, #45/2, Industrial 'A' Layout, Bannimantap, Mysore-15
.. Defendant
Plaint under Order IV Rule I of O.S.Rules read with Sections 51, 55, 58 and 62 of the Copyright Act 1957.
O R D E R
Today a joint compromise memo dated 15.4.2015, signed
by both the parties as well as their respective counsels, is filed before this Court. The parties are also personally present before this Court.
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"1.The terms Plaintiff and Defendant shall mean and include its heirs, executors, administrators, successors and assigns of each party.
2.The Defendant acknowledges that the marks RIN; RIN SHAKTI; RIN ADVANCED AND labels used in respect of RIN; RIN SHAKTI; RIN ADVANCED are well known trade marks of the plaintiff as defined under Sec.2(zg) the Trade Marks Act, 1999.
3.The Defendant hereby agrees to stop the manufacture/sale and/or distribution of any goods, and in particular washing powder and/or bar under the label as shown in Annexure 'A' or any variations thereof.
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4.The Defendant hereby undertakes to sell its GOOD NEWS washing bar under the label as shown in Annexure 'B'.
5.The Defendant submits to a decree as prayed for by the plaintiff in para 26(a) and (b) of the plaint.
6.The Defendant agrees to surrender to the Plaintiff all the packaging material in their custody under the label as shown in Annexure 'A' and/or other packing materials which are deceptively similar to the plaintiff's label filed as plaint Document No.3, within 7 days from the date of decree for destruction by the plaintiff.
7.In view of the above, the plaintiff gives up its relief as prayed for in para 26(c) (d) and (e) of the plaint.
9.The suit shall be decreed on the terms of the present joint memorandum of compromise and the joint memorandum of compromise shall form part of the decree. "
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may be handed over to the defendant and thereafter, the parties will work out as per the terms of the compromise.
handover the key to the learned counsel for the defendant, who in turn acknowledged the receipt of the key.
the suit is decreed in terms of the above compromise memo. The said compromise memo shall form part of the decree. No costs. Connected applications are closed.
16.4.2015
msk
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K.RAVICHANDRABAABU,J.
msk
C.S.No.84 of 2015
16.4.2015
2 issues framed by the court
Whether the suit should be decreed in terms of the joint compromise memo filed before the court.
Whether the compromise terms regarding the surrender of packaging material and cessation of manufacture of infringing goods should be enforced.
2 provisions across 2 enactments
K.Ravichandran Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
